The Supreme Court's recent ruling backing industry arguments for early apportionment of liability at Superfund sites could limit EPA's ability to seek joint liability from viable parties, significantly slowing the pace of EPA's cleanup program and bolstering the administration's call to reinstate the long-expired Superfund taxes, some legal experts say.rnBut the experts nonetheless predict it will likely be difficult for Congress to reinstate the tax amidst competing legislative priorities and note that Department of Justice (DOJ) enforcement officials are downplaying the impact the ruling will have on cleanups.
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